Report of the Assistant Director Corporate Services to a Hearing before the Keighley/Shipley Area Licensing Panel to be held on 20 June 2008 A Subject: Application for a Premises Licence for Village Superstore, 1-3 The Parade, Cottingley, Bingley Summary statement: Application for a new premises licence for the sale of alcohol off the premises. Suzan Hemingway Portfolio: Assistant Director Corporate Services (City Solicitor) Corporate Report Contact: Melanie McGurk Improvement Committee Area: Senior Licensing Officer Phone: (01274) 431873 Corporate Improvement Committee E-mail: [email protected] Safer and Stronger Communities Report to the Licensing Panel Ward: Bingley Rural 1. Summary 1.1 The applicant Mr Mohammed Anwar Ul-Haque. A copy of the application is included at Appendix 1. 1.2 The Premises Village Superstore, 1-3 The Parade, Cottingley, Bingley 1.3 Designated Premises Supervisor Mr Mohammed Anwar Ul-Haque 1.4 Application The application is for the grant of a Premises Licence for the sale/supply of alcohol off the premises. Hours of licensable activities: Monday to Sunday 06.15 to 22.00 1.5 Steps proposed by the applicant to address the Licensing Objectives a) Prevention of crime and disorder will be achieved by; CCTV. Security Lighting b) Public Safety will be achieved by; Fire Escape. c) Prevention of public nuisance will be achieved by; Clear Litter from front of the shop. d) Protection of children from harm will be achieved by; Proof of age scheme. e) General – all four licensing objectives Staff training on licence issues. Report to the Licensing Panel 2. Relevant Representations Received 2.1 Interested Parties Local Residents/Business – A petition and letter of representation have been received. The representations raise concerns of underage drinking and possible anti-social behaviour. Concerns are also raised about additional waste problems. Members may wish to consider whether the following streets are in the vicinity of the premises in order for the representations to be valid; Hall Road/Midway Ave/Lysander Way/Hollings St/Heights Lane/Sandymoor/Main Street, Wilsden/Littlelands/Eaton Court/Stone Court/North Cres/Queens Road/ Beckfield Road/Merrivale Road/Prospect Mount/Stirrow St/Nab Wood Mount/Dorset St/Roundhill Ave/Fernbank Dve/Sapgate Lane, Thornton/ Birchlands Ave/Low Wood/Warren Lane/Glen Mount/Maddocks St/Westwood Cres/ Worthfield Cres/Eastwood Cres/John’s Court/Oberon Way/Reay St/Stainbeck Close/Bradford Old Rd/Crownest Rd/Marmion, Allerton/Manorley Lane, Shelf/ Powell Road, Bingley/Fairy Dell/Albert St, Wilsden/High Fold, East Morton/ Cottingley Rd, Sandy Lane,/Stone St/Hillfoot/Norman St/New Brighton. Also, 20 of the petitioners have not given a full postal address. The letter and petition are attached at Appendix 2. 3. Legal Appraisal 3.1 The Licensing Act 2003 requires the Council to carry out its various licensing functions so as to promote the following four licensing objectives: a) the prevention of crime and disorder b) public safety c) the prevention of public nuisance d) the protection of children from harm 3.2 The Council must also have regard to the guidance issued by the Department of Culture Media and Sport under Section 182 of the Licensing Act 2003. Regard must also be taken of the Council’s statement of Licensing Policy for the District. 3.3 Where it is decided it is necessary to depart from the statutory guidance or the Licensing Policy on the merits of a particular case; then special reasons justifying this must be given that can be sustained. 3.4 Only “relevant representations” by or expressly on behalf of a defined “interested party” or “responsible authority” can be taken into account. In order to be “relevant” a representation must fairly relate to achieving a licensing objective. If it does not, it must be discounted. 3.5 Any licensing conditions that Members may propose attaching must also relate to achieving one of the licensing objectives; be tailored to the actual premises and 3 Report to the Licensing Panel style of licensable activity; must be reasonably achievable by the applicant and in his/her control. 4. Statement of Policy Issues 4.1 The following parts of the Licensing Policy are of particular importance; Part 4 (prevention of crime and disorder) and Part 6 (prevention of Public Nuisance). 4.2 The Annexes to the Policy sets out various types of model condition that could be considered. 5. Legal Options 5.1 Members may: (a) Grant a premises licence as applied for subject to any mandatory conditions and the precautions specified in the operating schedule submitted. (b) Grant a premises licence subject to such additional conditions relating to achievement of the licensing objectives as members think fit; or (c) Refuse the application for a premises licence. 5.2 Should the applicant or any other party to the hearing feel aggrieved at any decision with regard to the licence or to any conditions or restrictions attached by Members they may appeal to the Magistrates Court. 6. Financial and resource appraisal 6.1 There are no apparent finance or resource implications. 7. Other implications 7.1 Equal Rights There are no apparent equal rights implications. 7.3 Community safety implications There are no apparent community safety implications. 7.4 Human Rights Act The following rights are applicable: Article 1 First Protocol to the Convention – Right to peaceful enjoyment of possessions subject to the state’s right to control the use of property in accordance with the general interest. The Council’s powers set out in the recommendations fall within the states right. A fair balance must be struck between public safety and the applicant’s rights. 4 Report to the Licensing Panel Article 6 – A procedural right to a fair hearing. As refusal of the application is an option, adherence to the Panels’ usual procedure of affording a hearing to the applicant is very important. The applicant should also be able to examine the requirements of the fire authority. If the decision is to refuse then reasons should be given. 8. Not for publication documents 8.1 None 9. The Role of the Panel 9.1 Members are invited to consider the information and documents referred to in this report and, after hearing interested parties, determine the related application(s). 10. Appendices 1. Application form received 30th April 2008. In the interests of economy this document has been sent to Members of the Panel only. A public inspection copy is available in Committee Secretariat, Room 112, City Hall, Bradford or on www.bradford.gov.uk). 2. Petition and letter of representation. 11. Background documents Application form, plan etc 5 .